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Miscellaneous International Trade Notices

According to Shipper's NewsWire, the Department of Homeland Security (DHS) is continuing to work on a regulation mandating importers use tamper-evident, mechanical seals for all incoming ocean containers. The article notes that DHS is considering quickly implementing the same requirement for shippers in the Customs-Trade Partnership Against Terrorism (C-TPAT) program as a temporary safeguard until a formal rulemaking is completed. The article also notes that real world testing of electronic seals and container security devices has not produced a silver bullet yet and that DHS officials state that if electronic surveillance technology is going to be relied upon, the integrity of the equipment needs to be as robust as possible before its use is required. According to the article, DHS officials also estimate that it will take another three years before it can endorse a container security device for limited deployment and five years for universal deployment on the millions of containers in the system. (See ITT's Online Archives or 11/15/04 news, 04111599 1 for previous BP summary on only the electronic seal or container security device aspect of this Shipper's NewsWire article.) (SNW dated 11/12/04, www.americanshippper.com.)

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1. DHS is Working on Regulation Mandating Importers Use Mechanical Seals for all Incoming Ocean Containers

2. Administration to Release Port Security Directive in November 2004

The Journal of Commerce Online reports that the Bush Administration will release a directive aimed at port security later in November 2004. According to the article, the directive will meld federal, state, and local maritime security programs into a comprehensive national initiative. (JoC Online dated 11/18/04, www.joc.com.)

3. FMC Announces SERVCON to be Unavailable Due to Server Relocation

The Federal Maritime Commission (FMC) has issued a notice announcing that it will be relocating the SERVCON servers beginning at 7:00 a.m. on Friday, November 19, 2004. As a result, the SERVCON system will be unavailablefrom 7:00 a.m. Friday, November 19, 2004 until 7:00 a.m., Monday November 22, 2004. (FMC Notice available at http://www.fmc.gov/SERVCON%20-%20RELOCATING%20SERVERS.htm)

4. FMC Receives Petition for Exemption from Certain Controlled Carrier Regs

The Federal Maritime Commission (FMC) has received a petition (P6-04) from China Shipping Container Lines (Hong Kong) Co., Ltd. for an exemption from the first sentence of Section 9(c) of the Shipping Act of 1984. According to the FMC, this controlled carrier is seeking an exemption so that it may reduce its tariff rates upon publication. (FMC notice of filing served 11/15/04, available at http://www.fmc.gov/Dockets/p6-04%20notice%20of%20filing.htm)

5. BIS Terminates Certain Emergencies With Respect to Yugoslavia, Etc.

The Bureau of Industry and Security (BIS) has issued a final rule, effective November 12, 2004, amending 15 CFR Part 744 in order to delete a section that sets forth license requirements for exports and reexports to designated persons identified by the bracketed initials [FRYM]. According to BIS, the Office of Foreign Assets Control (OFAC) used these bracketed initials to identify certain persons on the list of Specially Designated Nationals and Blocked Persons. BIS states that OFAC discontinued use of these initials following the termination of certain national emergencies with respect to Yugoslavia. (FR Pub 11/12/04, available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-25143.pdf)

6. Chicago CBP Pipeline on Split Shipments

U.S. Customs and Border Protection (CBP) at the Port of Chicago has issued a pipeline on split shipments. This pipeline outlines the conditions that must be met for a split shipment to qualify for a single entry, details two methods that can be used to obtain release of split shipments after or prior to arrival of an entire shipment, and lists certain classes of merchandise that are not eligible for such release. (Pipeline 04-26, dated 09/30/04, available by emailing documents@brokerpower.com)

7. FMC Receives Exemption Petition from Chinese Controlled Carrier

The Federal Maritime Commission (FMC) has issued a notice announcing that China Shipping Container Lines (Hong Kong) Co., Ltd., a controlled carrier, has filed a petition (Petition No. P6-04) for an exemption from the first sentence of Section 9(c) of the Shipping Act of 1984 so that it may reduce its tariff rates upon publication. (FMC notice, served 11/15/04, available at http://www.fmc.gov/Dockets/p6-04%20notice%20of%20filing.htm)